Study On The Legal Protection Of Floating Population Vote In China

In the People’s Republic of China, voting is the behavior that through the statutoryprocedures, the lawful citizens who reach the legal age and have the political rights electpublic servants under the guiding of the relevant laws and in accordance with their ownwishes. The rights of voting and being voted are the most basic political rights that thecitizens are endowed by the People’s Republic of China Constitution. The exercise ofthese rights is a manifestation of the citizens participating in managing the state affairsand is also the basic form of people exercising state power in china, which reflects themaster position of the people directly, that is the highlight of the constitutionalprinciples of the People’s sovereignty. There is no difference in the rights among theflowing voters and the non-current voters according to Chinese laws, so the flowingvoters should be entitled the same rights as the non-current voters. However, in practice,because of the difference of the date of the voting, the lack of supervision mechanismsfor the election of Interests related organizations and the weak awareness of the flowingvoters about voting, there are many obstacles in the exercise of the flowing voters’rights.In this paper, we analyze the difference between the actual dilemma which the flowingvoters face when participating in voting and the status of our current voting system. Weused the methods of reference and quoting to compare the legal systems between Eastand West. We make our best to take a broader view in the case of referring a number ofcurrent relevant research articles to compare and summarize the system of law betweenChina and the Western counties. Comparing of the similar problems in the aspect of ourcurrent flowing population with other countries, we want to explore how to resolve thedifficult to exercise the rights of voting. We could make specific rules, includingdesigning the electoral system, improving the electoral legislation, allowing the flowingvoters exercising their rights at the current place. Then we can change the “outflow”registration as “inflow” registration through the implementation of the networkregistration, and strengthening the query of the identity card information. To establishthe organizations to protect the rights of the flowing voters and behalf on their interests,set up a series of special fund and increase the number of the representatives,meanwhile strengthen the publicity of the legal system, the flowing voters could bereally aware of the importance of political rights. When voters begin paying attention to the right, they will participate in the election actively. Then we can protect the right ofthe flowing voters to vote in the maximum degree. There are a series of importantsignificance in safeguarding the voting right of the flowing voters: the first, the exerciseof citizen’s right requires the State to protect the voting right of the flowing voters; thesecond, it’s necessary to guard the flowing voters’ right in the rule of law; the third, thedevelopment of human’s right drive to protect the voting right; the last, to build aharmonious society needs to guard the flowing voters’ right to vote.Everyone is equal before the law, the citizens need to require equal protection from thelaw. The phenomenon that the flowing voters encounter exclusion in the process ofelectoral runs counter to the goal of China’s development and the protection of humanrights. So, the social status quo that the flowing voters who participate in votingencounter obstacles must be resolves as soon as possible.